Cleveland (City) v. Standard Contracting Co.

Citations

• 33 Ohio C.C. Dec. 424
• 21 Ohio C.C. (n.s.) 604
• 1908 Ohio Misc. LEXIS 407

Syllabus

<p>CHARGE TO JURY — ERROR—TRIAL</p> <p>1. Objection to Improper Counter-Claim may be Waived.</p> <p>When several defendants file answers setting up, as against each other, cross-demands in the nature of counterclaims which are within the original jurisdiction of the court, and all parties without objecting thereto join issues and the case proceeds to trial and judgment, the various parties will be considered as having waived the question whether such cross-demands were the proper subject of counterclaim.</p> <p>2. Error in General Charge not Cured by What is Said Colloquolly by Court to Counsel.</p> <p>When the court has erroneously charged as to the burden of proof and upon the request of counsel that he correct his charge in that respect says, addressing himself to counsel, “Very well, if you insist I will charge that the burden of proof was on plaintiff as to both defendants” without addressing the jury or modifying or withdrawing his original charge, the error committed therein is not cured.</p>